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Tracking Section 3 Trump Disqualification Challenges

Lawfaremedia.org: “Almost immediately after Jan. 6, 2021, legal commentators began debating whether Section 3 of the 14th Amendment could be used to disqualify former President Donald Trump from running in the 2024 presidential election. They discussed, in particular, whether or not Section 3 applies to a former president, whether it is self-executing, and whether Jan. 6 could be considered an insurrection or rebellion.  Since then, the issue has become less abstract, though no less contentious. In February 2021, the U.S. Senate acquitted Trump of an impeachment article for inciting insurrection, but with a bipartisan majority of the Senate voting to convict. Section 3 challenges have been mounted against several legislators, and one state-level county commissioner who participated in the attack was successfully ousted from his post under that provision. At the end of 2022, the House Select Committee on the Jan. 6 Attack on the Capitol made the argument that Trump did inspire an insurrection, referring him to the Justice Department for prosecution under multiple criminal statutes, including one prohibiting insurrection. The Special Counsel’s Office has since brought a criminal case in Washington, D.C. charging Trump for his role in the Jan. 6 attack. And some prominent legal conservatives have made the case for a strong, originalist reading of Section 3 that they argue would apply to Trump, immediately disqualifying him from office. Beginning in winter 2023, voters and advocacy groups have brought Section 3 challenges in courts across the country, attempting to block Trump’s name from appearing on ballots for state primaries and caucuses before the general election begins. On Dec. 19, the Colorado Supreme Court became the first in the nation to rule that Trump is disqualified under Section 3 and cannot be listed as a candidate on the state’s primary ballot. Petitions for certiorari are currently pending in front of the U.S. Supreme Court. This page is intended to track which states have active Section 3 litigation to remove Trump from the 2024 ballot. At the bottom is a selected reading of Lawfare‘s coverage on the issue. Note that the procedural posture and legal theories behind these challenges vary greatly, and a dismissal in any particular action does not necessarily bar other challenges from being brought in that same state.”

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